Ontological Epistemology of Legal Propostions (By Focus on Islamic Legal Philosophy)

Abstract

Epistemic-Ontological view although not codified in a separate field on legal propositions which states normative statement is one of the important issue, discussed in philosophy of law in both Islamic legal and western legal philosophy. On this basis, The outcome of islamic and western views can be analayzed in realistic and unrealistic school, of which the second is refered to as unrealistic and the other as well as some of Islamic philosophers as a realistic school which ratiocinates islamic legal system and leads to its choice as an reasonable legal system.The article summarizes the main thought and criticisms of western and second islamic philosophers concerning unrealistic school and then gives a detailed overview of realistic idea which its goal is to prove that all normative legal propositions base on actual and necessary causality

Keywords

• epistemology
• realism
• creation
• necessity
• analogy